Advertising as "carbon neutral" or "CO₂ neutral" that relies exclusively on offsetting payments is banned per se across the EU under the EmpCo Directive from 27 September 2026. The BGH ruling Katjes (I ZR 98/23) already set this in motion back in 2024. This page shows what remains permitted — and how to switch your communication to a legally compliant footing.
Last update: 26 May 2026
The German Federal Court of Justice rules: advertising as "carbon neutral" without disclosing the offsetting method on the same advertising medium is misleading under § 5 UWG.
EU Directive 2024/825 adds a per-se prohibition to Annex I UCPD for carbon-neutrality claims that rely exclusively on offsetting.
From this cut-off date, "carbon neutral", "CO₂ neutral" and equivalent claims may no longer be used in EU-wide advertising if they are covered solely by certificate purchases.
Four typical claims, four legally compliant alternatives. The pattern: a concrete figure, a method, a verifier — right on the advertising medium.
The claim is not ruled out in every case. Anyone who wants to keep using it must meet all of the following conditions:
Not in every case. The claim is prohibited when the asserted neutrality relies exclusively on offsetting payments. Anyone who demonstrates neutrality through actual emissions reduction and transparent calculation, and can substantiate it, may continue to use the term — but they must disclose the calculation directly on the advertising medium.
The BGH (I ZR 98/23, 27 June 2024) held that advertising as "carbon neutral" without explaining the calculation method on the same advertising surface breaches § 5 UWG. The claim is therefore already misleading in current practice — the EmpCo Directive codifies this EU-wide from 2026.
Yes, provided it is true. "Carbon offset" is more transparent than "carbon neutral" because the term itself points to the offsetting. Even so, you must disclose the project, standard (Gold Standard, VCS) and volume so that consumers can put the claim in context.
Yes. Advertising must specify which emissions are actually avoided and which were balanced through offsetting. Only then is the claim permissible — a blanket assertion without a breakdown is prohibited.
Competitors and consumer protection associations can issue warning letters — typical amounts in dispute range from €1,000–5,000 in legal fees plus a cease-and-desist obligation. From 27 September 2026, fines from the competent market surveillance authority may apply on top.
Definition, legal basis and permitted alternatives for the term.
The full breakdown with timeline, obligations and sanctions.
Real cases from Katjes to Shell to Lufthansa — and what the rulings have in common.
Check your website for free for prohibited carbon-neutrality claims.
